Written answers
Wednesday, 12 July 2017
Department of Justice and Equality
Criminal Assets Bureau
Bernard Durkan (Kildare North, Fine Gael)
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241. To ask the Tánaiste and Minister for Justice and Equality the scale and value of assets seized by the Criminal Assets Bureau in the past five years; if all such properties have been disposed and the proceeds retained by the State; the status of such properties not yet disposed of in this context; and if he will make a statement on the matter. [33488/17]
Charles Flanagan (Laois, Fine Gael)
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The Criminal Assets Bureau takes actions under the Proceeds of Crime Acts 1996 to 2016 to deprive or to deny persons of assets which derive, or are suspected to derive, directly or indirectly from criminal conduct; or the benefit of such assets.
Sections 2 and 3 of the Proceeds of Crime Act 1996 provide the mechanism under which the Bureau can apply to the High Court seeking to freeze or restrain a person /entities dealing with a specific asset. In accordance with these provisions, the High Court may, in circumstances where an interim order or interlocutory order under that legislation is in place, appoint a receiver in respect of the property to which the order relates.
Section 4 provides for the transfer of property to the Minister for Public Expenditure and Reform. This Section refers to assets which have been deemed to be the proceeds of criminal conduct, for a period of not less than seven years, and over which no valid claim has been made under Section 3(3) of the Proceeds of Crime Act.
Section 4A allows for a consent disposal order to be made by the respondent, thus allowing the property to be transferred to the Minister for Public Expenditure and Reform in a period shorter than seven years.
In accordance with the provisions of the Criminal Assets Bureau Act 1996 an annual report on the activities of the Bureau is prepared and laid before the Houses of the Oireachtas.
The reports include details of the number of receivership orders obtained, the values of such orders and the amounts realised by the Bureau to the Minister for Public Expenditure and Reform for the benefit of the Central Exchequer in the particular year. The Annual Reports are available in the Oireachtas library and on the website of An Garda Síochána and my Department. The Annual Report of the Bureau for 2016 is awaiting publication in the coming weeks.
For the information of the Deputy I have included in the answer provided, information in tabular format outlining the monies returned to the Exchequer by the Bureau during the period requested as well as the monetary values in relation to orders obtained by the Bureau under the Proceeds of Crime Acts 1996 and 2005 for the same period.
Table A.
Monies returned to the Exchequer by the Bureau
Year | Proceeds of Crime Act 1996/2005 € | Revenue Legislation € | Social Welfare Provisions € |
---|---|---|---|
2012 | 4,850,540 | 1,967,925 | 393,797 |
2013 | 1,038,681 | 5,418,000 | 287,380 |
2014 | 467,152 | 3,017,000 | 335,911 |
2015 | 1,642,962 | 2,038,000 | 185,354 |
* 2016 | 1,412,920 | 2,106,000 | 297,430 |
Total | 9,412,255 | 14,546,925 | 1,499,872 |
*The figures for 2016 have not yet been published and are included in the CAB Annual Report for the year end 2016.
Table B.
Monetary values obtained under the Proceeds of Crime Act 1996 & 2005
Year | Interim Orders under Section 2 € | Interlocutory Orders under Section 3(1) € | Variation Orders under Section 3(3) € |
---|---|---|---|
2012 | 2,110,335 | 2,017,512 | 741,552 |
2013 | 2,821,305 | 2,180,940 | N/A |
2014 | 6,760,182 | 1,563,842 | N/A |
2015 | 941,079 | 7,225,092 | N/A |
* 2016 | 643,063 | 1,919,262 | N/A |
Year | Disposal Orders under Section 4 € | Consent Disposal Orders under Section 4A € | Receivership Orders under Section 7 € |
---|---|---|---|
2012 | 4,084,489 | 766,051 | 1,952,233 |
2013 | 852,195 | 186,485 | 2,360,698 |
2014 | 460,222 | 6,930 | 7,195,091 |
2015 | 1,352,153 | 290,809 | 958,846 |
* 2016 | 289,075 | 1,123,845 | 887,580 |
Some figures include sums converted from other currencies
*The figures for 2016 have not yet been published and are included in the CAB Annual Report for the year end 2016.
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